These are the Terms and Conditions of Sale for this in person sale and consist of this introduction and the paragraphs that outline the relationship between you (“the Buyer”), the operator of this website (identified above as the “Auction Host”), and the party coordinating the logistics of this in person sale (identified above as the “Sale Manager”). The Sale Manager and the Auction Host are together referred to in these Terms and Conditions as “the Auctioneer,” and any reference to action that may be taken with respect to the Auctioneer may be taken with respect to the Auction Host or Sale Manager separately or collectively. Throughout these Terms and Conditions, the terms “Auctioneer,” “we,” “us,” and “our” will refer to the Sale Manager, and the terms “you” and “your” will refer to the Buyer.
Please read these Terms and Conditions carefully! They contain important information about the sale itself and your rights and responsibilities as a buyer.
1. Buyer’s Premium: A 23% buyer’s premium is added to every purchase. This means that if your purchase adds up to $100.00, you will be charged $123.00 + 6% sales tax, at checkout.
2. Photographs and Descriptions: The Sale Manager regularly posts item descriptions and photographs to aid buyers, and will make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are purchasing items as is.
3. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS WILL OR IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. THE AUCTIONEER FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LIENS OR ENCUMBRANCES THAT MAY ATTACH TO OR BE ASSOCIATED WITH ANY LOTS OR ITEMS. ANY SUCH LIENS AND ENCUMBRANCES ARE THE RESPONSIBILITY OF THE BUYER TO INVESTIGATE. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARANTEED. THE AUCTIONEER FURTHER DISCLAIMS ANY LIABILITY FOR ANY TECHNOLOGY-RELATED LOCK, IMPEDIMENT, OR ENCUMBRANCE ASSOCIATED WITH ANY LOT OR ITEM. THE AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT OR ITEM.
4. Changes in Circumstance: All aspects of this sale are subject to change without notice. The Auctioneer reserves the right to – at any time and in the Auctioneer’s sole and absolute discretion – (a) add or remove items from the sale, (b) split or combine lots, (c) add minimum sale price or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, sale, and/or sale event, (e) make changes to the auction’s closing, inspection, or removal times, (f) reopen the sale in its sole and absolute discretion, or (g) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this sale prior to the close of the sale, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the Seller.
5. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have purchased and any costs or fees discussed in these Terms and Conditions.
6. Sales Tax: Sales tax will be collected on items purchased at this sale.
7. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may purchase at this sale. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT PURCHASE. The Auctioneer does not ship nor hold items beyond the sale date and times. The Auctioneer reserves the right to use video surveillance onsite during any sale-related event and you hereby consent to such surveillance on behalf of yourself and your agents. When picking up your items, you and/or your agent hereby grant to Auctioneer the right to record your and/or your agent’s image, photograph, likeness, and voice by any technology or means. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published removal times.
(a) Buyer’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items.. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your account may be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
(b) Release Upon Presentation of Receipt: You understand and agree that the Sale Manager is only obligated to release your items after you or your agent presents a Paid Sales Receipt and satisfactory identification documentation. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your Paid Sales Receipt to present at the sale location. You explicitly authorize the Sale Manager to release your items to any person in possession of your Paid Sales Receipt. No item will be released to any person unless that person presents a Paid Sales Receipt listing the item in question.
(c) Abandonment: You understand and agree that any item that you do not pick up during the sale times will be considered abandoned. You understand and agree that you will not receive any refund in connection with any item that is considered abandoned, and that you will be charged a reasonable fee for the storage, removal, and/or disposal of any such item. If an item is considered abandoned and subsequently resold, you will not be entitled to any proceeds from the sale of any such abandoned item.
(d) Discretionary Late Removal Policy: The Auctioneer may, in the Auctioneer’s sole and absolute discretion, allow you to remove an item that you have purchased at sale at a time beyond the sale in exchange for a late removal fee (the “Late Fee”). The Late Fee with respect to any given sale will equal $150 for the first hour during which the Auctioneer agrees to allow items to be removed late, and $50 for every additional hour during which the Auctioneer agrees to allow items to be removed late. For avoidance of doubt, (i) the minimum Late Fee with respect to any given auction is $150, (ii) the Auctioneer is not required to allow the late removal of any item, and (iii) if the Auctioneer does allow for late removal, the Auctioneer is not required to allow for the late removal to continue for any given amount of time, and may set an end time for such late removal in the Auctioneer’s sole and absolute discretion. Any item not removed during the period during which the Auctioneer agrees to allow for late removal will be considered abandoned, pursuant to the terms of the foregoing paragraph.
8. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Sale Manager will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
9. Claims for Non-Delivery: In the unusual event that an item has been totally mis-described (including when the item is materially damaged and such damage was not included in the item’s description pursuant to these Terms and Conditions) or is unavailable for pickup during the published removal times, you must immediately notify the Sale Manager’s staff of the problem. You understand and agree that if you fail to make a claim for non-delivery with the Sale Manager’s staff before leaving the removal site pursuant to this Terms and Conditions, your claim for non-delivery will not be honored.
10. Claims and Choice of Venue: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Prince George’s County, Maryland, or, optionally, in the Federal District Court for Maryland where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees.
11. Interim or Preliminary Relief: You agree that the Auctioneer may seek interim, preliminary, or injunctive relief without the necessity of any bond or similar deposit in a court having jurisdiction.
12. Suspension of Buying Privileges: You understand and agree that any violation of these Terms and Conditions -- and/or any unsafe or illegal activity during any sale-related event -- may result in the Auctioneer's suspending your purchasing privileges indefinitely. Any Buyer’s attempt to re-register after having been suspended – whether directly by creating a new account or indirectly by using or directing the use of a third party’s account – will constitute a breach of these Terms and Conditions, and may expose the Buyer to civil and criminal liability for fraud. The Auctioneer further reserves the right to refund the Buyer and remove any Buyer or agent thereof from any premises if the Buyer becomes disruptive. In the event such a removal, it will be within the Auctioneer’s discretion to refund any amounts paid by the removed Buyer. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
12. Sale Location. Sales are being conducted in The D.M.V area. These Terms and Conditions are entered into in Prince George’s County, Maryland regardless of the physical location of the Buyer or Auctioneer.
13. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this sale, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this sale, or the withdrawal of any item or lot from this sale.In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this sale or any related sale or transaction.
(a) No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, buyer, or other third party before, during, or after this sale..
14. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items purchased at sale, any dispute with another buyer, or any violation of these Terms and Conditions.
15. Limitations: These Terms and Conditions do not – nor are they intended to – create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.
16. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied to other persons, places, and circumstances will remain in full force and effect.
17. Governing Law: These Terms and Conditions will be governed by and construed under the laws of Maryland.
18. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
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